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On February 4, the Supreme People's Procuratorate launched an online interview with the director of the Supreme People's Procuratorate, and Zhang Xiaojin, director of the Fourth Procuratorate of the Supreme People's Procuratorate, introduced the key work and results of the economic crime prosecution line in the past year and the key work this year.
Financial crimes seriously erode the order of the financial market and endanger financial security. Zhang Xiaojin said that it is an important responsibility of the procuratorial organs to punish and prevent financial crimes in accordance with the law, provide service guarantees, prevent and resolve financial risks, stabilize social expectations, and boost confidence in development.
From January to November 2023, the procuratorate approved the arrest of 11,060 people for crimes of undermining the order of financial management and financial fraud, and prosecuted 22,529 people, involving crimes such as illegal fundraising and fraudulent loans.
In the past year, procuratorial organs at all levels have adhered to a "zero tolerance" attitude and strictly prosecuted crimes in accordance with the law, actively protected the rights and interests of investors, and maintained good market order. From January to November 2023, procuratorates across the country prosecuted 319 people in 117 cases, a year-on-year increase. 7%。
Zhang Xiaojin pointed out that in the new year, the procuratorial organs will closely follow the central work of the party, take the initiative to serve and integrate into the overall work of the party and the country, maintain economic and financial order in accordance with the law, stabilize social expectations, boost development confidence, and promote high-quality financial development with the power of the rule of law. Continue to intensify the punishment of financial crimes in key areas.
Special actions will be launched to prevent and punish corruption within private enterprises
Zhang Xiaojin pointed out that in recent years, the problems of "moths" in private enterprises eroding enterprise property and seriously affecting the healthy development of private enterprises have been increasing. At the same time, the difficulty in filing, investigation and prevention of corruption crimes within private enterprises is prominent, which has become the focus of many entrepreneurs, and it is also a key problem that needs to be solved in the current procuratorial work.
Zhang Xiaojin said that at present and for some time to come, the procuratorial organs will continue to adhere to the combination of crime and governance, perform their duties in accordance with the law and actively, and serve to ensure the healthy development of the private economy. Specifically:
The first is to handle cases strictly in accordance with the law, and punish and prevent crimes that infringe on the interests of enterprises such as embezzlement, misappropriation of funds, and transfer of interests committed by internal personnel of private enterprises, especially personnel in key positions;
Second, it is necessary to earnestly perform the function of legal supervision, continue to strengthen supervision over the filing of cases, and resolutely prevent and correct the use of criminal means to intervene in economic disputes;
The third is to promote the construction of internal control and supervision mechanisms for private enterprises with compliance construction as the main focus on compliance through high-quality and efficient compliance reform of enterprises involved in cases;
Fourth, in accordance with the Criminal Law Amendment (12), the relevant judicial interpretations should be adjusted and improved in a timely manner, and the judicial standards for punishing crimes committed by key personnel within private enterprises should be unified;
Fifth, strengthen education on the rule of law for private entrepreneurs and personnel in key positions in private enterprises, and promote the improvement of entrepreneurs' and employees' awareness of the rule of law.
Zhang Xiaojin also revealed that according to the deployment of the National Conference of Procurators General at the beginning of this year, the Supreme People's Procuratorate will organize the whole system to carry out an in-depth special action of "procuratorial protection of enterprises". This work is led by the economic crime prosecution department, with the cooperation of criminal, civil, administrative, public interest litigation, accusations and appeals and other relevant business lines, deepening the implementation of a "package" of procuratorial measures such as promoting the development and growth of the private economy, preventing and punishing crimes infringing on the interests of enterprises in key positions of private enterprises, and equally protecting all types of market entities in accordance with the law, and creating a business environment based on the rule of law.
In the past year, we have further intensified the crackdown on crimes
According to Zhang Xiaojin, in the past year, procuratorial organs at all levels have focused on the key points of handling financial crimes, innovated working mechanisms, and comprehensively strengthened the work of punishing and preventing financial crimes. Specifically:
The first is to punish financial crimes in key areas in accordance with the law and promote the healthy development of the financial market. From January to November 2023, a total of 15,590 people were prosecuted for illegally absorbing public deposits and fundraising fraud. Strictly punish crimes involving banks and other financial institutions in the credit sector. Further intensified the crackdown on crimes, prosecuting 319 people for crimes. The three-year action plan to crack down on money laundering crimes was further promoted, and 2,301 people were prosecuted for money laundering crimes.
Second, based on the procuratorial function, actively participate in the construction of the financial rule of law. Actively participated in the drafting and formulation of important financial laws and regulations, and assisted the People's Bank of China in participating in the revision of international standards related to asset recovery in the Financial Action Task Force on Money Laundering (FATF). Formulate and revise judicial interpretations on criminal cases such as money laundering, fraudulent loans, and insider trading.
The third is to adhere to the combination of crime and governance, and optimize the financial ecology. Strengthen cooperation with financial regulatory departments to promote the convergence of executions in the financial sector.
Fourth, strengthen the publicity of the rule of law and enhance the people's ability to prevent financial risks.
Zhang Xiaojin said that in the next step, the procuratorial organs will strictly crack down on illegal fundraising, fraudulent loans, financial fraud, market manipulation and other illegal financial activities in accordance with the law, formulate guidelines for financial procuratorial case handling, compile and distribute typical cases, and provide a strong legal guarantee for the high-quality development of finance in accordance with the law.
Investor protection is the top priority in handling ** cases
Crimes seriously undermine the foundation of the capital market, infringe upon the legitimate rights and interests of investors, and endanger economic and financial security. Zhang Xiaojin pointed out that it is a clear direction for the procuratorate to perform its duties by clearly proposing to adhere to the "zero tolerance" requirement, strictly investigating and punishing illegal and criminal cases in accordance with the law, and providing strong support for accelerating the construction of a standardized, transparent, open, dynamic and resilient capital market.
He said that it is necessary to adhere to the main tone of "strictness", and prosecute financial fraud, embezzlement of assets of listed companies, insider trading, market manipulation, "rat warehouse" and other first-class criminal cases in accordance with the law. It is necessary to strengthen the connection between executions and strictly punish the legal network of ** violations and crimes; Focus on consolidating the key responsibilities of controlling shareholders, actual controllers, directors, supervisors and senior executives of listed companies, and the "gatekeeper" responsibilities of intermediary organizations and financial institutions. Promote the formation of a law-based market environment that does not dare to commit crimes, cannot commit crimes, consciously regulates, and does not step on the red line.
According to Zhang Xiaojin, in the past year, procuratorial organs at all levels have strictly implemented the best deployment, adhered to the "zero tolerance" attitude and strictly prosecuted crimes in accordance with the law, actively protected the rights and interests of investors, and maintained good market order.
The first is to strictly prosecute *** crimes in accordance with the law, and improve the quality and efficiency of procuratorial case handling. From January to November 2023, procuratorates across the country prosecuted 319 people in 117 cases, a year-on-year increase. 7%。
Second, we should make great efforts to recover stolen goods and recover losses, and protect the rights and interests of investors in accordance with the law. Investor protection is the top priority in handling ** casesThe procuratorial organs have always carried out the entire process of handling cases by recovering stolen goods and recovering losses, and insisted on "pursuing all that should be pursued"; supervise and guide the persons involved in the case to take the initiative to return stolen goods and make restitution; Support the litigation of the special representative of the ** dispute in accordance with the law, and protect the rights and interests of investors through multiple channels.
The third is to unify law enforcement and judicial standards, and continuously consolidate the legal foundation for the healthy development of the capital market.
Continue to intensify the punishment of financial crimes in key areas.
Zhang Xiaojin pointed out that in the new year, the procuratorial organs will closely follow the central work of the party, take the initiative to serve and integrate into the overall work of the party and the country, maintain economic and financial order in accordance with the law, stabilize social expectations, boost development confidence, and promote high-quality financial development with the power of the rule of law.
First, we will continue to intensify the punishment of financial crimes in key areas. Highlight the crackdown on illegal fundraising, fraudulent loans, loan fraud and other criminal activities, and properly handle the risks of small and medium-sized banks and other financial institutions in accordance with the law. Continue to increase the intensity of prosecution for money laundering and illegal foreign exchange transactions, and pay attention to crimes related to the use of virtual currency pairs to transfer assets abroad. Adhere to the requirement of "zero tolerance", severely crack down on crimes that seriously undermine the order of the capital market in accordance with the law, and prosecute related crimes such as breach of trust and harm to the interests of listed companies throughout the chain. Increase the degree of accountability for key positions such as controlling shareholders, actual controllers, directors, supervisors, and senior executives of listed companies, and severely punish intermediaries involved in crimes involving false supporting documents.
The second is to improve the working mechanism for the recovery of stolen goods and losses, and earnestly improve the quality and efficiency of the recovery of stolen goods and losses. Persist in "pursuing everything that should be pursued", make great efforts to do a good job of recovering stolen goods and losses, strengthen coordination with relevant departments, and increase the extent of screening and disposition of assets involved in cases. Establish and improve the litigation mechanism for procuratorial organs to support the litigation of special representatives for disputes, and protect the legitimate rights and interests of investors.
The third is to improve the financial crime prosecution system and mechanism. We will continue to deepen and improve the mechanism for investigation, supervision, coordination and cooperation in financial crime cases, and work with public security organs to supervise and handle a number of major financial crime cases. We will further give full play to the advantages of the system and mechanism of the Supreme People's Procuratorate in the China Securities Regulatory Commission, strengthen coordination with the work of the China Securities Regulatory Commission, the public security and the courts, and form a joint work force.
Fourth, we will continue to strengthen the professionalization of financial procuratorates. Strengthen the connection between administrative law enforcement and criminal justice in the financial sector, improve the coordination mechanism for the handling and resolution of financial case risks, and persist in using rule of law thinking and methods to handle and resolve financial risks.
Fifth, lead the establishment of financial rule of law. Promote the comprehensive strengthening of financial supervision and control through the formulation and issuance of procuratorial recommendations, and promote the continuous optimization and improvement of the financial regulatory system.
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